IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.1674 OF 2019 (LB-UC) BETWEEN:
Sri. S. Venkataramu S/o late Shivappa, Aged about 67 years, Residing at Suhas Nilaya, Kuvempunagara, Hassan – 573 201. …Petitioner (By Sri. Jayakumar S. Patil, Senior Advocate for Sri. M.N. Madhusudhan, Advocate) AND:
1. The Commissioner Hassan City Municipal Council, N.R. Circle, Hassan – 573 201.
2. The Assistant Executive Engineer Hassan City Municipal Council, N.R. Circle, Hassasn – 573 201. ...Respondents (By Sri. A. Ravishankar, Advocate) This Writ Petition is filed under Article 226 of the Constitution of India praying to quash the impugned confirmation/final order dated 10.01.2019 passed by the respondent No.1 produced vide Annexure-E.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R The petitioner states that he is the absolute owner of the immovable property bearing Nos.13 and 73, New No.1-2-525-7A situated at B.M. Road, Hassan and has filed the present writ petition challenging the order dated 10.01.2019 at Annexure-E, which is said to have been passed in exercise of power under Section 187(9) (c) of the Karnataka Municipalities Act, 1964 (‘the Act’ for brevity). The said order has been assailed on various grounds. However, the enquiry into the legality of the said order would require consideration of certain factual aspects, which is best left to be considered before the alternative forum for legal redressal provided under the Act, 1964.
2. Section 322 of the Act, provides for a revisional remedy before the Director of Municipal Administration.
3. In light of the nature of contentions raised, the petitioner is at liberty to avail of the alternate remedy under Section 322 of the Act, as regards his grievance against the order at *Annexure-E.
4. The petitioner is granted two weeks’ time to initiate necessary proceedings, if so advised, under Section 322 of the Act as against the order at *Annexure-E as per law.
5. The order at *Annexure-E would not be given effect for a period of two weeks.
Accordingly, the petition is disposed of subject to the above observation.
Sd/- JUDGE MBM * Corrected vide Court order dated 17.01.2019.